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HomeMy WebLinkAbout2014-12-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 16, 2014 600PM Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6 00 P M by Mayor Andy Daly Members present Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members* Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation at which time there was no community input The second item on the agenda was the Consent Agenda as follows. 1) Council meeting minutes from November 4, 2014 Moffet moved to approve the minutes, Rogers seconded the motion which passed unanimously with one revision related to the Betty Ford Alpine Garden discussion and the removal of the phrase about the town's funding of their capital protect (7-0) 2) Council meeting minutes from November 18, 2014 Moffet moved to approve the minutes, Kurz seconded the motion and it passed unanimously with Bugby abstaining since he was not present at that meeting (6-0-1). 3) Authorization for an exchange of an employee housing unit located at 3877 Lupine Drive Unit W Daly noted this item received unanimous approval by PEC Moffet moved to approve the exchange of the unit, Kurz seconded the motion and it passed unanimously (7-0) 4) Authorization for an exchange of an employee housing unit located at 1701 Buffehr Creek Road Moffet moved to approve the exchange of the unit, Kurz seconded the motion There were some comments about the need to review the funding structure which supported this unit's sale of 770 sq ft for $175K The motion was unanimously approved (7-0) 5) Resolution No 41, Series of 2014, A Resolution of the Vail Town Council Adopting and Entering into the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust and Taking Other Actions in Connection Therewith Moffet moved to approve Resolution No 41, Kurz seconded the motion and it passed unanimously (7-0) It was noted by the Town Attorney that CML was exploring some other insurance coverage opportunities for municipalities but this resolution would help the town Town Caunal Meeting Minutes of December 16, 2014 Page 1 comply with the deadline requirements of Senate Bill 14-172 effective January 1, 2015, regardless of what insurance company was chosen 6) Intergovernmental Agreement ("IGA") between Eagle County and the Town of Vail - Community Recycling Center Drop Off Site Moffet moved to approve the IGA; Kurz seconded the motion There was clarification about the 2010 date of the IGA included in council's packet and Ruther noted the fourth amendment to the IGA only changes the expiration date as there were no rate changes The motion passed unanimously (7-0) The third item on the agenda was the Town Manager's Report which included information about the following 1) Request from The Falls at Vail Association (Pitkin Creek HOA) to rebuild stream bank which is failing near Fall Line Drive in East Vail This item was presented for council's consideration with a request for direction on how to respond to Pilkm Creek Homeowners Association about nearby potential stream bank erosion and their request for improvements near their property Daly and town staff noted the property was owned by the US Forest Service and after some discussion there was council direction to staff to inform the association the property was not the town's and it would not be maintained by the town. It was suggested they talk with the USFS. The fourth item on the agenda was appointments to the Vail Local Marketing District Advisory Council The Council interviewed six applicants at the earlier work session and after the voting results were read, a motion was made by Kurz to appoint Mark Herron, Beth Slifer, Skip Thurnauer and Jim Kellen, representing Vail Resorts, Inc. to serve on the VLMDAC, Moffet seconded the motion and it passed unanimously (7-0) Kurz thanked the members of the VLMDAC for the hard work and many accomplishments over the years. The fifth item on the agenda was the 1-70 Vail Underpass Project update with various design team members presenting an overall review of the protect with focus on the noise wall, the 3D model and input from the public. The 1-70 Vail Underpass is a proposed new multi -modal pedestrian and vehicular connection that is midway between the Main Vail and West Vail exits, passing under 1-70 The purpose of this Council session was to provide the Council and the public with an update on the project budget and cost estimate, and to more specifically discuss the costs, process and schedule for consideration of noise walls In addition, a 3D model of the protect with and without noise walls was presented The brief update addressed progress on the following items ✓ There has been a 30% level of completion of the preliminary design and environmental assessment ✓ Notifications have gone out to the noise wall Benefiting Receptors to confirm contact information and determine if there are tenants within any units and informed them of the preference survey scheduled for January ✓ The protect Open House has been noticed and advertised for December 18, from 4pm-6pm at the Grand View ✓ Edward Kraemer & Sons has completed a preliminary design level Opinion of Probable Cost of Construction (OPCC) ✓ Construction phasing options have been developed ✓ The Structural Selection report has been completed and is under review ✓ Preliminary utility meetings have been completed regarding the relocation of existing utilities Town Caunal Meeting Minutes of December 16, 2014 Page 2 A tree inventory and arborist report for Impacted trees is in process Environmental Assessment Project cost update summary was presented outlining costs for TOV & CDOT, see table below May -13 Dec -14 RAMP app OPCC#1 TOV Total Match $6 0 M $8 4 M CDOT RAMP Match $14 6 M S20 4 M CDOT PEL Match $ 2 M $ 0 2 M TOTALS $20.8 M $29.0 M Retaining Wall $ 4.9 M ✓ Noise report and summary have been completed and posted to the project website with a preview of the noise levels and the 3D model of the preliminary design ✓ The survey process was highlighted noting that a decision on noise mitigation would be based on survey results with a simple majority that determines the direction of whether to construct the 3,400 foot long wall The distribution of survey ballots was provided Kassmel noted on January 6 the Town Council would be asked to decide whether to fund the wall and which type of materials it would Include, concrete or acrylic, with acrylic costs estimated at $800K more It was noted maintenance costs would need to be Included in future town budgets There were several slides of walls showing both materials and demonstrations of differing highway noise with reductions heard as a result of the use of sound walls And finally there was a 3D software model comparison showing the area with and without sound walls Daly asked for public Input at this time and many residents spoke 1 Bob Llewellyn, resident of Savoy Villas, commented on the following a) concerned about high cost overruns, b) requested a review of not doing the project to use funds for other projects, c) if the wall is done, it should reflect aesthetics of a world class resort, d) requested Council be transparent about how they vote, 2 Jonas Staller, Savoy Villas, spoke about concerns noting the aesthetics of such a wall would be so important He didn't support the concrete wall and expressed concern about costs and maintenance of an acrylic wall 3 Jim Lamont, Vail Homeowners Association, expressed confusion about the survey, who is to vote and who is required to pay for the wall He also asked the town to consider evaluating the costs of not doing the project and to solicit input from the broader Vail community about whether they want this project Simba Run residents who commented included 4. Mr Roznick was concerned the wall is not worth the value of reducing the impacts of the sound so he was against the sound wall He spoke about a survey completed with a decibel software application that was shared with town council 5 Jill Kolsbotch spoke out against the wall and preferred preserving the visual impact versus the sound impacts 6 Graham Lithco spoke about the many issues surrounding the sound wall and was generally not supportive of using it He noted the great benefit they have already found with the installation of noise abatement windows 7 Charlie Calcaterra commended the town council and staff for their work on the project and also expressed concerns about a) how the project isn't really serving the public on a consistent and regular basis, b) the maintenance costs of the sound wall, c) the need to determine if there is community support to fund the project at the new level, d) if the survey Town Caunnl Meeting Minutes of December 16, 2014 Page 3 supports the sound wall the town would now be responsible for funding it in the future, regardless, and e) it's time to review other alternatives to this traffic issue There was some information presented by CDOT's noise expert about the regulations and requirements for the installations of such sound walls as well as a brief preview of the survey process Daly closed the discussion by thanking everyone for their input and noting further discussion and decisions would be scheduled for the January 6 agenda It was mentioned there may be some decisions made by CDOT about the RAMP projects and funding by then as well The next (#8) agenda item considered was second reading of Ordinance No 20, Series 2014, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund The revisions from first reading on the ordinance were highlighted in the council packet memo as follows $133,000 in Capital Projects Fund for the Parking System project to compensate for technology infrastructure, networking, additional workstations and cabling that was not anticipated in the original budget provided by the vendor $27,000 for the fiber-optic cabling of the municipal complex (a total of $81,000 was spent) This project was originally delayed based on potential redevelopment $6,100 to replace the town's postage machine due to outdated software used with USPS $75,000 proposed for planning of the permanent skate park at the Atrium location (detail described in memo) Moffet moved to approve Ordinance No 20; Kurz seconded the motion There was no public input on this matter and no further discussion The motion passed unanimously (7-0) The next (#6) item on the agenda considered was a request for Permission to Proceed through the Development Review Process with a request for a proposed retaining wall replacement and building addition for the Gorsuch Building, 263 E Gore Creek Drive George Ruther, Director of Community Development, reviewed the site map He noted because the property line location is in close proximity to the Gorsuch building, the applicant is requesting the use of Town of Vail property for the identified encroachments, with references made to Attachment A and B, the project plan set and details on the proposed encroachments More specifically the request was for a proposed replacement of an existing retaining wall and guardrail and the accommodation of eaves for a proposed building addition There was council support to visit the site at the next meeting in order to fully understand the impacts of the request Some council comments included ✓ What is the exact encroachment? ✓ Let PEC/DRB review the information instead of town council, the decision could always be called up by Council after a PEC decision is made. ✓ Would this set a precedent for allowing permanent structures on town property? ✓ It is important to understand placement of the planters and impacts of circulation on the street ✓ Would this be best handled through entering into a revocable license agreement? The final (#7) item on the agenda for consideration was a continued review of the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements presented by George Ruther He noted on December 2, 2014, the Town staff and WMC representatives provided an update to the Vail Town Council This discussion would continue by addressing the three specific topics as follows 1) revised review schedule, 2) west wing expansion traffic and Town Council Meeting Min uLes of December 16, 2014 Page 4 parking impacts, and 3) east wing expansion completion assurances. Ruther expressed their request for council input on the following topics 1 Allow the WMC master plan to be reviewed concurrently along with the proposed west wing expansion development application. 2 Provides further direction to the applicant and the town staff on the completion assurances proposed within the memorandum Tom Braun, Braun Associates, Inc., representing WMC, presented information (per his packet memo) related to the main features of the expansion plans with a preview of the construction phasing for the west and east wing expansions He mentioned current discussions are ongoing by the property owners who are reviewing the benefits of potential land exchanges and this has added to the timeline of the project. Ruther presented details surrounding the need to concurrently review the master plan with a revised schedule and the conditional use permit for the west wing expansion slated to begin late spring/early summer 2015 He spoke about numerous reasons which supported the concurrent review process and there was council support to this recommended approach with the planning and building review processes. The discussion continued to then address the mitigation of West Wing expansion parking and traffic impacts Ruther described the completion of the West Wing expansion which would increase parking needs and vehicle traffic generated by the hospital use. There would be an active review to quantify and mitigate these issues by WMC during the development review process. There were some possible interim solutions described It was also noted new traffic counts would be provided in January Daly asked for public input at this time. Jim Lamont, Vail Homeowners Association, submitted some suggestions about the following • Extend traffic counts to Vail Road & Meadow Drive, continue to move the process along • Engage in use of a developer's improvement agreement that would help document the negotiations and assurances of WMC • Consider improving upon a streetscape component for the visitors' rehabilitating • Noted the neighborhood is generally favorable to the planning components and details of the project so far And finally Ruther explored the WMC East Wing expansion completion assurances that were outlined in the council packet memo noting the redevelopment of the WMC campus should not interfere with their ability to continue to operate, two sequences of construction for the West Wing expansion and the East Wing expansion were described. And he spoke about several options suggested by WMC to show their commitment to completion of the entire redevelopment project as follows 1 Payment of VVMC's pro rata share of the estimated South Frontage Road traffic improvements prior to the issuance of the TCO for the West Wing expansion 2 Establish a Letter of Credit with the Town of Vail. The LOC should be of a sufficient amount that it serves as both an incentive to commence construction on the East Wing expansion and with penalty forfeited to the Town of Vail for a failure to perform. 3. Place a ticking clock on the pre -paid employee housing mitigation impact fee so that if the East Wing expansion is not started by a date certain, the "credit" for the East Wing expansion is forfeited to the town and shall not be applied to future improvements at WMC 4 Require that the development application for the East Wing expansion is submitted to the Town of Vail prior to the issuance of a TCO for the West Wing expansion 5 Require that WMC remits an annual payment to the Town of Vail to help defray the town's expenses in providing public parking and public transit The payment shall be of an amount that covers the town's operating expenses on the number of public parking spaces equal to VVMC's parking space deficit, plus provides an incentive to start work on the East Wing expansion as soon as practical Town Council Meeting Minutes of December 16, 2014 Page 5 6 The Town of Vail could offer a partial building permit applicationtplan review fee waiver or refund to VVMC provided construction work on the East Wing expansion is started within a more aggressive time schedule suitable to the Town of Vail The list was provided only as possible suggestions and eventually once agreed upon would be included in a development improvement agreement that would be reviewed and adopted prior to the issuance of a building permit Doris Kirchner, VVMC, thanked Town Council for their time and the opportunity to explain the complexities in order to keep the project moving foreword She addressed the proposed list of assurances and emphasized the need to keep the hospital open and operational Council input supported a letter of credit from the hospital to support the cost of the West Wing Number three was also supported by several members of council and a brief discussion occurred regarding the hospital's ability to support employee housing on the site It was agreed to continue to fine-tune the assurances and the project would continue through the process according to the newly revised schedule dated December 8, 2014, with next town council consideration slated for January 2015 The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8 25 p on Respectfully Submitted, i Attest And[Daly, Mayor APanny� � Jerk SEA►' Town Council Meeting Minutes of December 16, 2014 Page 6